BISMUN’20

Advocates’ Edition

Application of the International Convention for the Suppression of

the Financing of Terrorism and of the International Convention on

the Elimination of All Forms of Racial Discrimination

(Ukraine v. Russian Federation)

Committee: The International Court of Justice

Student Officers: Mohamed Labib & Yusuf Khaled

Table of Contents

Introduction 2

History 3

Timeline 3

Key Terms 4

Previous Attempts 6

Conclusion 8

Useful Resources 9

References 10

1

Introduction 1

The International Court of Justice (ICJ) is one of the main 6 organs in the United Nations. In

fact, it is the only judicial court of the UN. It was formulated in June 1945 and began work in

April 1946. The ICJ is located in The Hague, Netherlands. The International Court of Justice has

two main functions: to settle in accordance with international law, legal disputes submitted by

States and to give advisory opinions on legal questions referred to it by authorized UN organs

and specialized agencies. 2

The Russo-Ukrainian war is a series of Russian military

actions that started in 2014 in the regions of Donbas and

the Cremianan peninsula. Such militarized intervention

include, but are not limited to; armed patrols around the

regions and the detention of Ukrainian officials.

Moreover, such intervention caused a great deal of

diplomatic turbulence inside the country including certain

crimes committed by Russian-funded activists, which is a

Russian violation of CERD and the ICSFT. This case shall be discussed in the International

Court of Justice since it correctly correlates with the ICJ’s main functions including: “To settle

in accordance with international law the legal disputes submitted by states”. In which Ukraine

submitted an application against Russia due to its alleged international law trespasses, which

creates a legal dispute that needs to be resolved.

1 Photo used: “File:2014 Russo-Ukrainian-Conflict Map.svg.” File:2014 Russo-Ukrainian-Conflict Map.svg - Wikimedia Commons, commons.wikimedia.org/wiki/File:2014_Russo-ukrainian-conflict_map.svg. 2 "Cour internationale de Justice - International Court of Justice ...." https://www.icj-cij.org/. Accessed 17 Jan. 2020.

2

History

The conflict started on March 3, 2014, when unmarked Russian soldiers invaded the Crimean

peninsula under Russian officials’ orders. That was the start of a disastrous slope of military 3

actions inside Ukraine. Furthermore, world states condemned the illegal annexation of the

peninsula stating that Russia had broken international laws in the process. The motivation for

such annexation isn’t clear; however, Putin regularly justifies the military intervention under the

claim that Crimea was always Russian land due to its overruling 80% ethnically Russian

majority.

Timeline

3 "Autonomous Republic of Crimea - GlobalSecurity.org." 16 Jan. 2019, https://www.globalsecurity.org/military/world/ukraine/arc.htm. Accessed 17 Jan. 2020.

3

Key Terms

Term Also known as Definition

Annexation The act or an instance of annexing, or adding to

something larger, especially the incorporation of new

territory into the domain of a city, country, or state 4

International

Convention for the

Suppression of the

Financing

of Terrorism

ICSFT The International Convention for the Suppression of the

Financing of Terrorism was adopted without a vote by the

United Nations General Assembly in New York on 9

December 1999. This instrument aims to facilitate the

prosecution of persons accused of involvement in the

financing of terrorist activities, by obliging States parties

to prosecute them or extradite them to another State that

has established its jurisdiction to try them. 5

International

Convention on the

Elimination of All

Forms of Racial

CERD

The International Convention on the Elimination of All

Forms of Racial Discrimination is a United Nations

convention. A third-generation human rights instrument,

the Convention commits its members to the elimination

4 "Annexation | Definition of Annexation at Dictionary.com." https://www.dictionary.com/browse/annexation. Accessed 18 Jan. 2020. 5 "International Convention for the Suppression of the Financing ...." https://legal.un.org/avl/pdf/ha/icsft/icsft_e.pdf. Accessed 18 Jan. 2020.

4

Discrimination of racial discrimination and the promotion of

understanding among all races. 6

Referendum

Is a direct and universal vote in which an entire electorate

is invited to vote on a particular proposal and can have

nationwide or local forms. 7

Donetsk People's

Republic

&

Luhansk People’s

Republic

DPR

&

LPR

The Donetsk People's Republic is a proto-state in the

Donetsk Oblast of Ukraine recognized only by the

partially recognized South Ossetia and Luhansk People's

Republic. Ukraine is at war with the DPR and LPR which

are both designated by Ukraine as terrorist organizations. 8

6 "International Convention on the Elimination of All Forms of ...." https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx. Accessed 18 Jan. 2020. 7 "Referendum | Definition of Referendum by Merriam-Webster." https://www.merriam-webster.com/dictionary/referendum. Accessed 18 Jan. 2020. 8 "Donetsk People's Republic - The Multilingual Encyclopedia." https://tme.miraheze.org/wiki/Donetsk_People%27s_Republic. Accessed 18 Jan. 2020.

5

Previous Attempts 9

Independent attempts (3rd party):

a. “In an effort to break the impasse, a group of

American and Russian experts and former

officials—including an ex-director of Russia’s

Foreign Intelligence Service and a top Russia

advisor to George W. Bush—recently met on

an island in Finland. Working privately, in an

approach known as “Track II diplomacy,” they developed a plan for a possible high-level

diplomatic discussion on resolving the crisis in Ukraine.” 10

b. UNGA resolution 73/263: “Situation of human rights in the Autonomous Republic of 11

Crimea and the city of Sevastopol, Ukraine ''.The adoption of certain measures and actions

that will help towards the slow yet efficient resolution of the Russo-Ukrainian conflict

(Human-centered).

c. United Nations Security Council Resolution 2166: “concerning the shootdown of Malaysia 12

Airlines Flight 17:” condemning some Russian oriented militarized actions and look forward

to peaceful resolutions.

9 Photo used: “Everything You Wanted to Know about the Minsk Peace Deal, but Were Afraid to Ask · Euromaidan Press.” Euromaidan Press, euromaidanpress.com/minsk-agreements-faq/. 10 "A 24-Step Plan to Resolve the Ukraine Crisis - The Atlantic." 26 Aug. 2014, https://www.theatlantic.com/international/archive/2014/08/a-24-step-plan-to-resolve-the-ukraine-crisis/379121/. Accessed 17 Jan. 2020. 11 "Resolutions of the 73rd session - UN General Assembly." https://www.un.org/en/ga/73/resolutions.shtml. Accessed 17 Jan. 2020. 12 "Resolution 2166 - Security Council Report." https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s_res_2166.pdf. Accessed 17 Jan. 2020.

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d. The Minsk Agreements: “The Minsk Protocol (later known as Minsk-1) with the Minsk

Memorandum of September 2014 and the Package of Measures for the Implementation of the

Minsk Agreements (Minsk-2) are agreements between Ukraine and Russia to resolve the

conflict in eastern Ukraine.” 13

Ukrainian attempts:

➢ The Nato-Ukraineian commission met in Kyiv (a city well present in the Russo-Ukrainian

conflict) to discuss possible defensive actions that will possibly help in the protection of the

Ukraine both in and around the state, all in means of de-escalating the brutal conflict. This

meeting will be held alongside Ukrainian President Zelensky and other Ukrainian officials. 14

Russian-international attempts:

➢ Internal sources suggest that President Zelesnky of Ukraine will meet Russian president

Putin alongside French President Emmanuel Macron and German Chancellor Angela Merkel

in the hopes of finding possible solutions to the ongoing conflict between both states. 15

13 "Everything you wanted to know about the Minsk peace deal, but." http://euromaidanpress.com/minsk-agreements-faq/. Accessed 17 Jan. 2020. 14 "News: Statement of the NATO-Ukraine Commission ... - NATO." 31 Oct. 2019, https://www.nato.int/cps/en/natohq/official_texts_170408.htm. Accessed 17 Jan. 2020. 15 "Russia and Ukraine to meet in attempt to end conflict - RTE." 15 Nov. 2019, https://www.rte.ie/news/2019/1115/1091183-russia-ukraine-france/. Accessed 17 Jan. 2020.

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Conclusion

Almost 6 years ago the Russian Federation illegally annexed the Ukrainian peninsula Crimea by

the justification that Crimea was perpetually Russian due to its 80% Russian ethnic majority.

This awoke a brutal conflict that isn’t only a diplomatic one, but also a racial and ethnic one.

After that annexation, racial discrimination was at an all-time high, causing a wave of violent

consequences across the region with the addition of the already established foundation of

terrorism. Racial discrimination has been present in the world for thousands of years now and

millions are still getting affected by it to this very day. Isn’t it finally time to eradicate such

nonsensical, odious, and violent threats? Furthermore, research insinuates that almost a total of

21,000 people have been killed by terrorist attacks in the last decade. It has reached a point that 16

makes the perseverance of the sacred human life unessential to the world’s agenda, and that

needs to change! So the International Court of Justice calls for its distinguished advocates and

honorable judges to finally eradicate such world fatalities.

16 "Terrorism - Our World in Data." https://ourworldindata.org/terrorism. Accessed 17 Jan. 2020.

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Useful Resources

a. Useful websites

1. Ukraine Crisis Summary and Explanation

https://www.thebalance.com/ukraine-crisis-summary-and-explanation-3970462

2. Ukraine Crisis

https://edition.cnn.com/specials/europe/ukraine

b. Useful videos

1. Why Russia is invading Ukraine, explained in 2 minutes:

https://www.youtube.com/watch?v=u-qO42qjShg

2. Why Ukraine is trapped in endless conflict:

https://www.youtube.com/watch?v=Fb9U1uoYCOc

3. ICJ Case: Ukraine vs. Russian Federation, explained:

https://www.youtube.com/watch?v=Mm-nBeMTCWQ

4. Russian Roulette (Playlist):

https://www.youtube.com/playlist?list=PLw613M86o5o7a0FGlPRdt47xiDiggbNsZ

5. Ukraine’s Opening Statement in The Hague Court Against Russia:

https://www.youtube.com/watch?v=87u2osQikQw

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References

1. "Ukraine places 17th in world terrorism rating | KyivPost ...."

https://www.kyivpost.com/ukraine-politics/ukraine-places-17th-world-terrorism-rating.html..

2. "Why Putin Took Crimea from the Ukraine - Foreign Affairs." 18 Apr. 2016,

https://www.foreignaffairs.com/articles/ukraine/2016-04-18/why-russian-president-putin-took-crimea-from-

ukraine.

3. "International Convention for the Suppression of the Financing ...."

https://www.un.org/law/cod/finterr.htm.

4. "Malaysia Airlines flight 17 | Background, Crash, Investigation ...."

https://www.britannica.com/event/Malaysia-Airlines-flight-17.

5. "Statement of the MFA of Ukraine on the terrorist attack on ...."

https://georgia.mfa.gov.ua/en/press-center/comments/2874-zajava-mzs-ukrajini-shhodo-obstrilu-teroristami

-mariupolya.

6. "Russian-backed Donbas militant admits to bombing Ukrainian ...." 11 Sep. 2019,

http://khpg.org/en/index.php?id=1567263023.

7. "In the Donetsk People's Republic, Russia Is Everywhere and ...." 21 Jul. 2015,

https://www.theatlantic.com/international/archive/2015/07/russia-ukraine-donetsk/398942/..

8. "A Message From Our High Command Of DPR, NATO And ...." 6 May. 2018,

http://nrt24.ru/en/news/message-our-high-command-dpr-nato-and-nazi-ukraine-will-not-stop-our-victory-ce

lebrations-and.

9. "Committee on the Elimination of Racial Discrimination - OHCHR."

https://www.ohchr.org/en/hrbodies/cerd/pages/cerdindex.aspx.

10

10. "Russia's new offensive in Ukraine should prompt stern sanctions." 26 Jan. 2015,

https://www.washingtonpost.com/opinions/russias-new-offensive-in-ukraine-should-prompt-stern-sanctions

-from-the-west/2015/01/26/8d9c7994-a582-11e4-a06b-9df2002b86a0_story.html.

11. "Russia-Imposed Authorities In Crimea Search More Crimean ...." 19 Jun. 2019,

https://www.rferl.org/a/russia-imposed-authorities-in-crimea-search-more-crimean-tatars-homes/30008149.

html.

12. "Autonomous Republic of Crimea - GlobalSecurity.org." 16 Jan. 2019,

https://www.globalsecurity.org/military/world/ukraine/arc.htm.

13. "International Convention on the Elimination of All Forms of ...."

https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx.

14. "International Convention for the Suppression of the Financing ...."

https://legal.un.org/avl/pdf/ha/icsft/icsft_e.pdf.

15. "Donetsk People's Republic - The Multilingual Encyclopedia."

https://tme.miraheze.org/wiki/Donetsk_People%27s_Republic.

16. "A 24-Step Plan to Resolve the Ukraine Crisis - The Atlantic." 26 Aug. 2014,

https://www.theatlantic.com/international/archive/2014/08/a-24-step-plan-to-resolve-the-ukraine-crisis/379

121/.

17. "Resolutions of the 73rd session - UN General Assembly." https://www.un.org/en/ga/73/resolutions.shtml.

18. "Resolution 2166 - Security Council Report."

https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s_re

s_2166.pdf.

19. "News: Statement of the NATO-Ukraine Commission ... - NATO." 31 Oct. 2019,

https://www.nato.int/cps/en/natohq/official_texts_170408.htm.

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20. "Russia and Ukraine to meet in attempt to end conflict - RTE." 15 Nov. 2019,

https://www.rte.ie/news/2019/1115/1091183-russia-ukraine-france/.

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